General Assembly Raised Bill No. 6666
January Session, 2013 LCO No. 4790
*04790_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
General Assembly
Raised Bill No. 6666
January Session, 2013
LCO No. 4790
*04790_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT ESTABLISHING TWO PILOT PROGRAMS FOR THE MEDIATION OF CONDOMINIUM-RELATED DISPUTES AND RELIEVING A COMMUNITY ASSOCIATION MANAGER OF ANY RESPONSIBILITY FOR CERTIFYING THAT A CONDOMINIUM UNIT OWNER IS COMPLIANT WITH A MUNICIPAL ORDINANCE REQUIRING THE INSTALLATION OF CARBON MONOXIDE DETECTORS AND SMOKE DETECTORS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2013) (a) As used in this section:
(1) "Administrative region" means two or more probate districts in a geographic area designated by the Probate Court Administrator;
(2) "Association" means an association of unit owners, as defined in section 47-68a of the general statutes, or an association, as defined in section 47-202 of the general statutes;
(3) "Unit" means a unit, as defined in section 47-68a or 47-202 of the general statutes; and
(4) "Unit owner" means a unit owner, as defined in section 47-68a or 47-202 of the general statutes.
(b) The Probate Court Administrator shall, within available appropriations, establish a pilot program for the mediation of a dispute arising between one or more unit owners and an association. The pilot program shall be administered in two administrative regions as determined by the Probate Court Administrator. The Probate Court Administrator shall consult with the judges of the probate to determine the administrative regions that shall participate in the pilot program. The pilot program shall mediate disputes between unit owners and an association relating to the application or interpretation of an association's bylaws, rules and regulations and the provisions of chapters 825 and 828 of the general statutes. Disputes that are related to a foreclosure action initiated against a unit owner or exclusively between unit owners with no association involvement shall not be eligible for the pilot program.
(c) Any unit owner or association with a dispute that meets the criteria set forth in subsection (b) of this section may file a request for mediation under the pilot program. Such request shall: (1) Be in writing, on such form as the Probate Court Administrator may prescribe, (2) specifically set forth the nature of the dispute, (3) contain an attestation by both the unit owner and a representative of the association that his or her participation in the pilot program is voluntary, (4) be accompanied by a filing fee of two hundred fifty dollars, and (5) be filed in the probate district in which the unit is located.
(d) Upon receipt of a request for mediation, the court shall promptly notify the Probate Court Administrator of such request. Upon receipt of notification that a court has received a request for mediation, the Probate Court Administrator shall assign the matter to a special appointment probate judge, appointed pursuant to section 45a-79b of the general statutes, who possesses demonstrated expertise in mediation of disputes.
(e) The court shall set a time and place for a mediation session and shall give notice by regular mail of the session to each unit owner and the association identified on the request for mediation and to such other persons as the court determines. The special assignment probate judge shall attempt to mediate a voluntary resolution of the dispute between the unit owner and a representative of the association. A unit owner or representative of the association may withdraw from mediation at any time during the process after providing notice to all persons participating in the mediation and the special assignment probate judge. In addition, the special assignment probate judge may terminate the mediation upon finding that further efforts to mediate the dispute would be futile. If a resolution of the dispute is achieved, the special assignment probate judge shall assist in the preparation of a written agreement, setting forth the specific terms of the agreement. The written agreement shall be signed by the unit owner, a representative of the association and the special assignment probate judge. Compliance with the terms of the written agreement by the unit owner and the association shall be deemed an obligation imposed by the provisions of chapter 825 or 828 of the general statutes, as the case may be, and the unit owner or the association may bring an action in the superior court to enforce the terms of the agreement.
(f) A participant in a mediation shall not voluntarily disclose or, through discovery or compulsory process, be required to disclose any oral or written communication received or obtained during the course of a mediation, unless (1) each of the other participants agree in writing to such disclosure, (2) the disclosure is necessary to enforce a written agreement that resulted from the mediation, (3) the disclosure is required by statute or regulation, or by any court, after notice to all participants to the mediation, or (4) the disclosure is required as a result of circumstances in which a court finds that the interest of justice outweighs the need for confidentiality, consistent with the principles of law.
(g) The remedies provided under this section are not exclusive and are in addition to any other remedies in any section of the general statutes or which are available under common law.
(h) The mediation pilot program established pursuant to this section shall terminate on September 30, 2016.
Sec. 2. Section 45a-79b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) There shall be special assignment probate judges appointed by the Chief Justice of the Supreme Court, on nomination by the Probate Court Administrator, from among the judges of probate elected as provided in section 45a-18. A nominee of the Probate Court Administrator shall have demonstrated the special skill, experience or expertise necessary to serve as a special assignment probate judge. The Probate Court Administrator shall issue regulations pursuant to subsection (b) of section 45a-77 to establish requirements concerning the responsibilities of special assignment probate judges and the number, geographic distribution and expertise of such judges. A special assignment probate judge shall serve at the pleasure of the Chief Justice.
(b) Subject to the approval of the Chief Court Administrator, the Probate Court Administrator shall fix the compensation of special assignment probate judges appointed pursuant to this section. Such compensation shall, on the order of the Probate Court Administrator, be paid from the Probate Court Administration Fund established under section 45a-82. [Such] Notwithstanding the provisions of section 45a-95a, such compensation, including compensation that a special assignment probate judge receives as a judge of probate of the district to which the judge was elected, shall not exceed the [compensation provided for a judge of probate under subdivision (4) of subsection (a) of section 45a-95a] maximum total compensation received by a workers' compensation commissioner under section 31-277. A special assignment probate judge shall have such benefits as may inure to him or her as a judge of probate and shall receive no additional benefits, except compensation provided under this subsection and retirement benefits calculated in accordance with sections 45a-34 to 45a-54, inclusive.
Sec. 3. (Effective October 1, 2013) (a) As used in this section:
(1) "Association" means an association of unit owners, as defined in section 47-68a of the general statutes, or an association, as defined in section 47-202 of the general statutes;
(2) "Unit" means a unit, as defined in section 47-68a or 47-202 of the general statutes; and
(3) "Unit owner" means a unit owner, as defined in section 47-68a or 47-202 of the general statutes.
(b) The Chief Court Administrator shall, within available appropriations, establish a pilot program for the mediation of a dispute arising between one or more unit owners and an association. The Chief Court Administrator shall determine the location for the pilot program, provided the pilot program shall be conducted in a judicial district for which a special housing session has been established. The pilot program shall provide for the mediation of disputes between unit owners and an association relating to the application and interpretation of an association's bylaws, rules and regulations and the provisions of chapters 825 and 828 of the general statutes. Disputes that are related to a foreclosure action initiated against a unit owner or exclusively between unit owners with no association involvement shall not be eligible for the pilot program.
(c) Any unit owner or association with a dispute that meets the criteria set forth in subsection (b) of this section may file a request to participate in the pilot program. Such request shall: (1) Be in writing, on such form as the Chief Court Administrator may prescribe, (2) specifically set forth the nature of the dispute, (3) be accompanied by a one-hundred-seventy-five-dollar entry fee, and (4) be filed in the judicial district, that the Chief Court Administrator has designated to operate the pilot program.
(d) Upon the receipt of a request for participation in the pilot program, the matter shall be placed on the housing docket and assigned for a mediation session. The mediation session shall be conducted by a housing mediator who possesses demonstrated knowledge in mediation of disputes, as more fully set forth in section 47a-69 of the general statutes.
(e) The court shall set the time and place for a mediation session and shall give notice by regular mail of the session to each unit owner and the association identified on the request for mediation and to such other persons as the court determines. The housing mediator shall attempt to mediate a voluntary resolution of the dispute between the unit owner and a representative of the association. A unit owner or representative of the association may (1) withdraw from mediation at any time during the process after providing notice to all persons participating in the mediation and the housing mediator, or (2) request that the mediation matter be transferred to regular docket, in which case, such matter shall be transferred to regular docket upon the unit owner or the association paying a fee of one hundred twenty-five dollars. In addition, the housing mediator may terminate the mediation upon finding that further efforts to mediate the dispute would be futile. If a resolution of the dispute is achieved, the housing mediator shall assist in the preparation of a written agreement, setting forth the specific terms of the agreement. The written agreement shall be signed by the unit owner, a representative of the association and the housing mediator.
(f) A participant in a mediation shall not voluntarily disclose or, through discovery or compulsory process, be required to disclose any oral or written communication received or obtained during the course of a mediation, unless (1) each of the other participants agree in writing to such disclosure, (2) the disclosure is necessary to enforce a written agreement that resulted from the mediation, (3) the disclosure is required by statute or regulation, or by any court, after notice to all participants to the mediation, or (4) the disclosure is required as a result of circumstances in which a court finds that the interest of justice outweighs the need for confidentiality, consistent with the principles of law.
(g) The remedies provided under this section are not exclusive and are in addition to any other remedies in any section of the general statutes or which are available under common law.
(h) The mediation pilot program established pursuant to this section shall terminate on September 30, 2015.
Sec. 4. (NEW) (Effective October 1, 2013) No community association manager, as defined in section 20-450 of the general statutes, shall be required to provide to a local fire chief or local fire marshal a written verification on behalf of a unit owner, as defined in section 47-68a or 47-202 of the general statutes, certifying the unit owner's compliance with a municipal ordinance requiring the installation of smoke detection and warning equipment and carbon monoxide detection and warning equipment in the unit owner's private dwelling.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2013 New section
Sec. 2 October 1, 2013 45a-79b
Sec. 3 October 1, 2013 New section
Sec. 4 October 1, 2013 New section
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2013
New section
Sec. 2
October 1, 2013
45a-79b
Sec. 3
October 1, 2013
New section
Sec. 4
October 1, 2013
New section
Statement of Purpose:
To (1) establish pilot programs within the Probate Court system and the Judicial Branch for the mediation of disputes that arise between condominium unit owners and associations, and (2) relieve community association managers from any obligation to certify that a condominium unit owner has complied with a municipal ordinance requiring the installation of carbon monoxide detectors and smoke detectors.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]